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  1. #1
    Join Date
    Aug 2005
    Location
    California
    Posts
    1

    Default Being sued by lawyer-in-training

    A husband of an HOA board member is suing a resident (who filed a recall against her) for slander of his wife.

    His wife has served on the HOA board for the past 4 yrs and as President for over a year. She has since transferred positions to Director-At-Large.

    The reason the recall was initiated was due to her lack of respect for the homeowners attending the meetings and demeening them in front of the attendees. They finally had enough and initiated a recall.

    The husband now wants to sue her for $25k for slandering his wife's name. The problem is that it's true what was said.

    He's also suing the homeowner and another resident to pay for the HOA lawyer who mediated the recall meeting.

    Does he have a case?

    Also, we would like to file a case against his wife and him. She as a board member allowed her husband (not a board member) to have access to all homeowner's personal information in which he used to selectively distribute mailings to certain homeowners regarding the recall and used false information regarding the recall. He also distributed Proxies to these homeowner's with certain checkboxes highlighted that would favor his wife's staying in the position.

    Do we have a case?

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Defamation Suit

    If you are being sued for defamation, and have not done so already, you should report the claim to your homeowner's insurance company to see if they will provide representation and indemnification. If you do not do so, you may inadvertently violate your policy terms and be unable to get their assistance (if available under the policy) at a later date.

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